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F-1 visa and how to adjust status

Chicago, IL |

I posted a question on sunday but got just few answers. I would like to here more from the local professionals.
Here is a question:
This question is regarding my friend's situatiin in the USA. First of all , she is russian. She arrived in the country in December of 2011 on F-1, which was issued for one year untill December of 2012. She has been studying MBA at university here in Chicago. Her graduation date is 15th of April, 2014. Right now, she has valid I-20, which has been renewed 3-4times. The university she is studying does not provided much help getting intership. What are her oppotions legalizing her status, renewing visa, getting social security and work authorization card? Please help!

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Attorney answers 7

Best Answer
Posted

She needs to make an appointment to see the Designated Student Officer at her school as they must issue an I-20 to her authorizing optional practical training. She should have an employer lined up to do the training. She will then take the new I-20 and file an I-765 with supporting documentation to obtain her work card -- valid for one year (instructions on where to mail are on the USCIS website under Immgiration Forms. . With the work card she then goes to Social Security office to obtain a Social Security number. she can also hire an immigration attorney to help her apply for the work card.

--
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration Law

2221 Camino Del Rio South, Suite 201
San Diego, CA 92108 | (619) 299-9600
Fax: (619) 923-3277
website: www.immigrateme.com

Former Adjunct Professor -- Immigration law
University of Illinois College of Law

Asker

Posted

Thank you. Great answer! But now, it left me wondering what is F-2 and what ates cinditiobs for that? I thought that F -2 allows to get social security and work outside the school while studying.

Lynne Rogers Feldman

Lynne Rogers Feldman

Posted

Unfortunately F-2 may not work.

Posted

The best way is for her to apply for OPT through her school.

The information on this website is not intended to be legal advice.

Asker

Posted

Ok, thank you.

Posted

When she graduates, she should seek work authorization based on Optional Practical Training (OPT) and then perhaps seek employment through which she could be sponsored for longer-term status, such as H-1B.

Asker

Posted

Thank you! I guess OPT is the only one option.

Posted

When you say 'local professionals' I hope you're not talking about Chicago. US immigration law is the same in the entire US and any US licensed, and experienced, immigration attorney can provide valuable information.

Let's look at the facts:

1. You say that she came in 12/11 with a visa valid for 1 year, until 12/12 ... this fact is actually irrelevant. The minute she entered the US she was given an I-94 with D/S (duration of status) ... that document controls and 'overrides' the visa sticker in her passport.

2. The I-94 is 'tied' to her I-20 (which you state is valid until 4/14) ... as long as she stays in school and maintains her 'status' as a student, her SEVIS and D/S remains valid.

3. Her internship options, prior to graduation, are limited and ... to be honest ... in most cases it is NOT a good idea to use-up "CPT" work permit time .. .done improperly it can 'cut' into post-graduation "OPT" work permit time.

4. You haven't told us if this 'friend' is someone that you are considering getting married to, nor anything else about her personal situation. Thus, she probably doesn't have any family sponsorship/work permit options.

5. AFTER graduation she can get a 1 year work permit (OPT) ... during that time she can find an employer that might be interested in sponsoring her for a temporary (H) and/or permanent (EB-2/3) visa.

Now would be a good time for you to choose an attorney to consult and spend time exploring her personal options ... many of us use Skype, thus it need not be someone in Chicago. But, don't get me wrong, there are many very competent attorneys in Chicago.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Asker

Posted

Thank you for a great answer ! I will definately share your oppinion with her. I understand that immigration laws are the same everywhere in the USA, but I appreciate hearing from Chicago lawyers if there would be a neccesity to hire one. I am just her friend. I am a female and definately not going to marry a female. We had this discussion several times and i offered her to post about her situation here on Avvo. I had to go through a hassle to adjust my status.

Asker

Posted

What can you tell about F-2 visa? Does it still exist? I always thought that there is a visa, ehich allows to work outside the university while studying.

F. J. Capriotti III

F. J. Capriotti III

Posted

What do you want to know about the F-2, which is a visa for the spouse and children of an F-1. Yes, it still exists. Does the F-2 allow work? No ... You are probably thinking of the J-2. PS Again, nothing against Chicago lawyers. But, the lawyer doesn't need to be in Chicago to file papers for her ... most papers are mailed off to remote USCIS facilities ... having an office in Chicago isn't necessary.

Posted

Find one dedicated immigration professional of your choice to facilitate all these important objectives. There is no one short and simple answer to your inquiry, I am afraid.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. If you have further inquiries you may contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

Posted

There are numerous ways to obtain work authorization and even permanent resident status (green card) in the United States. She needs to meet with an immigration attorney who can dissect her life to see which laws she can utilize to obtain her objectives. These conversations are very private and each solution is unique depending on the particular circumstances of each client. Getting in depth about these options on a public forum is inappropriate. Of course their are canned answers but these are often only based on the facts you present - a good lawyer will want to ask his/her own questions to see if there is an opportunity that you would have missed. This is the reason why so many of my colleagues, and I agree with them, recommend meeting a qualified immigration attorney who will take the time to ask these questions. That is what I am recommending now.

Best of luck,

Khaja M. Din, Esq.

Din Law, LLC
(312) 361-8462
www.DinLaw.com

Free Initial Consult For All Your Immigration Questions

Asker

Posted

Thank you.

Posted

As was previously suggested last time you posted the question, have the school's DSO work with her. She has been paying their institution to study there legally - they should be able to help.

This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.

Asker

Posted

I did read your answer but on sunday i received answers only from three lawyers. Wanted to gather oppion from others lawyers too.

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